The Veteran's appeal for service connection for cataracts has been dismissed.,His petition to reopen a previously denied claim of service connection for hypertension was granted, and the claim is now presumed due to exposure to herbicide agents during service.
The deciding factor: The Veteran withdrew his appeal for service connection for cataracts during the hearing. The evidence received since the final rating decision in September 2002 related to a new theory of entitlement based on exposure to herbicide agents, which is presumed due to his service in Vietnam.
- Claimed conditions
- cataracts, hypertension, sleep apnea, glaucoma, chronic obstructive pulmonary disease (COPD), erectile dysfunction, right upper extremity peripheral neuropathy, left upper extremity peripheral neuropathy, acquired psychiatric disorder
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Gulf War
- Rating assigned
- None in this decision
- Decision date
- January 29, 2019
- Citation
- 19106765
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted an effective date of October 21, 2021, for the grant of service connection for hypertension.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
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